turkish

Question 1

The private law of the Ottomans was naturally based on

Answer 1

Sharia principles
The non-muslims had the opportunity to be subjected to their own Sharia (Jewish and Canonic Law) in matters of private law (especially family law) provided none of the parties of the dispute were a Muslim

Question 2

In the late 19th century the Ottoman state decided to codify a part of the sharia

Answer 2

It was the first attempt to codify a part of the sharia-based law of an Islamic state
Mecelle*, was prepared by a commission
Mecelle has an introduction part where 100 general principles of law are laid down
It covers some areas of civil law (contracts, torts, and some principles of civil procedure)
oThe Law of Property was merely addressed
However, Family Law, Law of Persons (and Law of Inheritance) was left in the domain of Sharia

Question 3

Mecelle was not only applied in…

Answer 3

sharia courts but also in the secular courts (Nizamiye) which were established at the same year (1869) to cover cases falling under the new commercial & criminal codes
▪ These codes were recepted by the European codes (mostly French) of the same era

Question 4

For the first time in the empire, non-muslims were subjected to Islamic law instead of their own law
▪ After the dissolution of the Ottoman Empire following World War I, the Mecelle remained a lasting influence in most of its successor states

Question 5

After the proclamation of the Republic (1923), Turkey has set Switzerland as the model country for the secularization and codification of the law
▪ Sharia courts were abolished in 1924 and the entire court system was transferred to the Ministry of Justice

Answer 5

Until 1923 Turkey had been under the influence of Sharia Law principles
The Sharia principles concerning Private Law were mostly of the Sunnah Hanafi School
▪ During the Reformation (Tanzimat) period, reception of European Codes (both public and private law) had already begun

After the proclamation of the Turkish Republic the reception of European law have intensified and included family law and law of persons
▪ Today, Turkey is a part of the Civil Law tradition and share a common legal history with other Roman-German jurisdictions
▪ Therefore it can be said that; ‘Roman Law’ signifies the secular tradition within the Turkish jurisprudence and holds a unique historical/ideological relevance